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72 Cards in this Set
- Front
- Back
Cross border element |
Saunders, Angonese, De Groot |
|
Lawrie Blum |
The essential feature for an employment relationship is that for a certain period of time an individual performs services for and under the direction of another person in return for remuneration. |
|
Hoekstra |
Genuine and effective not merely marginal and ancillary |
|
Mr and Mrs F v Belgian State |
Migrant workers should not merely be seen as a source of labour but as human beings |
|
Levin |
Included part time workers in the definition of free movement of workers |
|
Kempf |
Irrelevant where supplementary means of subsistence came from. |
|
Bosmam |
Sport = economic activity |
|
Steymann |
Unpaid work could be an economic activity |
|
Bettray |
Work to rehabilitate the person and not to meet genuine economic needs was a ruling against bettray |
|
Trojani |
Social integration being the main purpose of employment did not disqualify the employment to be considered as work as long as the work was part of the normal labour market |
|
Brown |
Work temp done solely to qualify for the educational course will not entitle the individual to the same advantages as a fully fledged worker. |
|
Lair |
Worker if work was connected to education but was not solely in preparation of it |
|
Ninni-Oraschi |
Court emphasized the importance of objective factors over subjective factors. |
|
Antonnisen |
Job seeker could come within the definition of a worker. An individual searching for work was not the same as a fully fledged worker. MS retained the right to expel a job seeker who did not find work in a reasonable period of time. Person must provide evidence that they are continuing to seek employment and have a genuine chance of being employed |
|
Direct Discrimination |
Reyners, Commission v Italy |
|
Indirect discrimination |
Allure and Coonan |
|
Ugliolia |
Job conditional on benefits such as residence |
|
Commission v Greece |
Language |
|
Commission v Portugal |
Double burden |
|
Non-discriminatory |
Bosman |
|
Van Duyn |
MS has ultimate say as to where individuals conduct was contrary to public policy. Government denied eu national from working in the church of Scientology because they consider it to effect mental health. However, working there was merely discouraged and not illegal |
|
Adoui |
Court did not accept that a member state could deport individuals working in a non prohibited job. Van Duyn would most likely be decided differently today |
|
Tsakouridis |
Deported because of dealing drugs and part of an organized drug gang. Public policy must be applied proportionately and with respect to fundamental rights |
|
Orfanopoulos |
Automatic deportation following criminal conviction is not permissible |
|
R v Secretary of State for the Home Department |
Exclusion order was made against Adams prohibiting his entry into the UK for 3 years, where terrorist activities were committed in Northern Ireland. Argued that internal nature of the case should not prevent application of free movement. The court disagreed and stated that it would be astonishing if no national security measures were placed. |
|
Oteiza |
Individuals with link to terrorist activities was allowed provisional residence in France |
|
Calfa |
Deportation for life was not proportionate |
|
Omega Speilhallen |
War simulation games were refused on grounds of human dignity and right to life |
|
Bosman |
Contest transfer rules were restrictive on freedom |
|
Gambling |
Prevent organized crime, fraud and limit gambling addiction |
|
Commission v Belgium |
Bond of allegiance and mutuality of rights and duties between state and employee. 1) Must involve participation in the exercise of powers conferred by the law. 2) must entail duties designed to safeguard the general interest of the state |
|
Lawrie Blum 1 |
Cumulative rather than alternative |
|
Sotgui |
Article 45(4) cannot be used to justify discrimination |
|
MRAX v Belgium |
MS shall give every reasonable opportunity to obtain documents or prove residence by other means |
|
Metock |
Recognizes protection of family life. Directive covers nationals of non member countries who are family members of an EU citizen |
|
Raulin |
In case of involuntary unemployment where a worker has embarked on vocational training may retain the status of a worker. Voluntary unemployment = training must be related to previous employment |
|
Collins |
Job seekers enjoy right of residence and benefits while they are seeking work |
|
Michel S |
Article 7(2) only for workers |
|
Cristini |
Extended 7(2) of regulation to surviving family members |
|
Even |
Benefits are granted to non nationals who are workers or residents is suitable to facilitate their mobility |
|
Lair |
Excluded university from vocational schools |
|
Brown |
Link between previous employment and studies |
|
Michel S |
Disabled nationals were included in article 10. Article applied not just to admission but also any general measures intended to facilitate educational attendance, including an educational grant. Places children of EU workers in the same position as children of nationals of that state. |
|
Gaal |
Children in article 10 included educational rights on children who were over 21 and non dependant |
|
Moritz |
Article 10 covers children's right to education assistance even where the working parents have returned to their state of nationality |
|
Lebon |
Once the child reached 21 and was no longer depends on the worker, benefits to the child could not be an advantage to the worker |
|
Reed |
Unmarried partner residing with national = social advantage |
|
Diatta and Singh |
Where spouses were separated = did not lose right of residence |
|
Baumbast |
Non eu national spouse could exercise right of residence after divorce provided the child is exercising their educational rights under article 10 |
|
Rutilli |
French provisions were less restrictive then condition French authorities wanted to apply and therefore right to free movement could be impeded |
|
Rottman |
MS must have due regard to EU law |
|
Baumbast |
Creates directly effective and autonomous right regardless of where the individual is employed or unemployed EU citizen |
|
Chen |
Directly effective and autonomous right to those who do not fall under any other existing EU category. In this case, a baby |
|
Kremzow |
ECJ ruled that citizenship did not extend to internal situations |
|
Schempp |
Individuals who had not made use of his right of free movement would not be treated as a wholly internal situation |
|
Garcia Avello |
Citizenship on applicants who had never left the territory of the MS which they were born. Concerned individual who was also national of another MS |
|
Chen 1 |
Mother could not be considered dependant relative in order to derive residence as child was dependant on mother. Depriving mothers right would deprive the child's right of residence |
|
Zambrano |
Refusal of residence of parents would deprive children of their rights |
|
McCarthy |
Individuals who never exercised free movement was insufficient to conclude that the situation is wholly internal |
|
Dereci |
Genuine enjoyment of citizenship refers to situations where individuals not only have to leave the MS in which they are nationals but also the EU as a whole |
|
Trojani |
No right of residence where EU nationals have lack of resources, but can claim social benefits if they can come under another category |
|
Gravier |
Access to vocational training was likely to promote free movement provision |
|
Lair and Brown |
Grants specific to access of vocational training were covered |
|
Grzelczyk |
Eu citizens entitled to equal treatment on grounds of nationality in relation to benefits |
|
Forster |
MS can limit grants to those who show sufficient degree of integration within MS |
|
Bidar |
Although MS have power limit grants to those students fully integrated, a blanket prohibition would be accepted as otherwise it would mean no student would comply |
|
Morgan |
Integration requirement must not be unreasonable |
|
D'Hoop |
There must be sufficient link between job seeker and the host state, which was not established in this case |
|
Collins |
Job seekers must have some kind of link with the employment market and residence condition has to be applied proportionately and non discriminatory |
|
Votsouras |
Benefits which are intended to facilitate access to the labour market do not constitute social assistance |
|
Wolzenburg |
Additional administrative requirement must not be imposed on non nationals |
|
Omega and Schindler |
Conflict between free movement rules and charter, charter will prevail |